Mandatory reporting of child abuse and neglect

Content type
Resource sheet
Published

August 2023

!

If you require assistance or would like to talk to a trained professional about the issues described in this resource sheet, please call Kids Helpline (www.kidshelpline.com.au) on 1800 55 1800 or Lifeline (www.lifeline.org.au) on 13 11 14.

If you believe a child is in immediate danger call Police on 000.

This resource sheet is provided as a guide only. It is up-to-date with current legislation at the time of publication. Because mandatory reporting laws may change subsequent to publication, individuals are encouraged to contact the relevant department or organisation to clarify requirements in their jurisdiction or in relation to legislation. For more information on how to report abuse and neglect, including contact details for government agencies, see the CFCA Resource Sheet Reporting Abuse and Neglect: Information for Service Providers.

Overview

This resource sheet provides information on mandatory reporting laws, which require specified people to report designated types of suspected child maltreatment to specified state or territory authorities.1 It provides answers to common questions about mandatory reporting and covers the mandatory reporting legislation across all Australian jurisdictions.

Introduction

Mandatory reporting laws aim to identify cases of child abuse and neglect, and to assist the individual children in these cases (Royal Commission into Institutional Responses to Child Sexual Abuse, [Royal Commission], 2017). They were first developed in response to the largely hidden nature of child physical abuse, with the purpose of bringing cases to the attention of child welfare agencies (Mathews, 2014a). Mandatory reporting laws set acceptable standards of behaviour for the community (Australian Law Reform Commission [ALRC], 2010), affect the policies and practices of child protection services and make the protection of children from abuse and neglect a professional responsibility.

Mandatory reporting laws require specified individuals to report known or suspected cases of specified types of child abuse and neglect to government authorities. The laws usually specify these individuals on the basis that they work in an occupation dealing with children in the course of their work. They are therefore well-placed to detect cases, or suspected cases, of child abuse and neglect (Mathews, 2014a).

Each Australian state and territory has its own mandatory reporting law. However, the laws are not the same across all jurisdictions. Differences include: (1) who has to report; (2) what types of abuse and neglect have to be reported (and therefore what types do not have to be reported); (3) the ‘state of mind’ that activates the reporting duty (i.e. having a concern, suspicion or belief on reasonable grounds); and (4) who to make the report to. These differences are described and discussed in this resource sheet.

Common questions about mandatory reporting

Who has to report?

Mandatory reporting legislation contains a list of who is mandated to report cases of suspected child abuse and neglect. For each state and territory, apart from the Northern Territory (NT), this is a list of occupations. The occupations commonly mandated to report are those who are likely to interact with children in the course of their work; for example, teachers and early childhood educators, welfare practitioners, medical practitioners, police and religious ministers. In the NT all adults, regardless of occupation, are mandated to report.

What types of abuse and neglect have to be reported?

This section provides a summary description of the types of abuse and neglect that have to be reported. Specific details about reporting obligations for each jurisdiction can be found in the tables below.

There are some important differences in the types of abuse and neglect that must be reported across the states and territories. In New South Wales (NSW), the NT and Tasmania (Tas) it is mandatory to report all 5 recognised types of abuse and neglect: physical abuse, sexual abuse, emotional abuse, neglect, and exposure to family violence. In South Australia (SA) it is mandatory to report physical abuse, sexual abuse, emotional abuse, and neglect. In the Australian Capital Territory (ACT) and Victoria (Vic) only physical and sexual abuse must be reported.

Queensland (Qld) and Western Australia (WA) each have multiple Acts that legislate mandatory reporting. The Acts for each state specify different mandatory reporters and different forms of abuse that must be reported. In Qld, it is mandatory to report physical and sexual abuse, or only sexual abuse, depending on which legislation you are mandated to report under. In WA, all mandatory reporters must report sexual abuse, and reporters mandated under the Family Court Act may have additional reporting requirements.

The legislation in some jurisdictions uses the word ‘abuse’, whereas in other jurisdictions different terms are used (e.g. harm, exploitation, in need of protection). All jurisdictions specify the level of abuse that must be reported (i.e. significant, serious, detrimental). Child sexual abuse is always considered a risk for significant harm and must always be reported. Individuals, whether mandated reporters or not, may also refer child abuse and neglect that falls below statutory thresholds for mandatory reporting to child and family welfare agencies.

Some jurisdictions require a report to be made when a mandated reporter has a reasonable belief of abuse (ACT, NT, Tas, Vic, WA), and others when there is a reasonable suspicion (NSW, Qld, SA, Tas). Technically, belief requires a higher level of certainty than suspicion, although this is likely a distinction that does not and should not affect reporting in practice (Mathews, 2014b). Abuse that has happened, or is currently happening, must be reported. Most jurisdictions (NSW, NT, Qld, SA, Tas, Vic) also require reports of situations where the designated abuse has not yet occurred but is suspected to be likely to in the future.

What protections are given to mandatory reporters?

The legislation in each jurisdiction outlines the protections that are given to mandated reporters. The two key protections are: confidentiality and that the reporter cannot be liable in civil, criminal or administrative proceedings in relation to the report.

How does mandatory reporting legislation define a child?

Legislation in the ACT, NT, Qld, SA, Tas and WA requires mandatory reporting in relation to all children or young people up to the age of 18 years. In NSW, the duty for mandatory reporting is in relation to all children up to the age of 16 years. In Vic, the duty for mandatory reporting is in relation to all children up to the age of 17 years.

How does this type of mandatory reporting co-exist with other types of reporting laws?

The legislative mandatory reporting duties for specified types of child maltreatment discussed here are located in child protection legislation in each jurisdiction. All these mandatory reporting duties can be understood as the primary class of reporting duty. They are primarily directed towards identifying situations of significant child abuse and neglect by parents and caregivers, although situations of sexual abuse are also subsumed under these reporting duties. However, other types of reporting laws also exist, beyond those in child protection law, specifically in criminal law. This is briefly discussed below.

Criminal law

Most states and territories (ACT, NSW, Qld, Tas, Vic) have criminal laws that require adults to report known child sexual offences (Mathews, 2021). NSW also includes child physical abuse in these criminal laws, while Tas includes serious offences related to physical assault and serious instances of neglect and ill-treatment. The criminal laws have slightly different scope and details across jurisdictions but all require reports to be made to police. There are also other types of reporting duties aimed at identifying institutional sexual abuse. These different duties are discussed in recent research (Mathews, 2019).

It is important to note that this resource sheet outlines only the Mandatory Reporting of Child Abuse legislation.

Which mandated reports can child protection agencies act on?

There is a common assumption that all situations reported under mandatory reporting laws will result in an intervention by government child protection services. However, this is not always the case. Mandatory reporting laws define the types of situations that are required to be reported to statutory child protection services. Legislative grounds for government intervention define the circumstances and, importantly, the threshold, at which the statutory child protection service is legally able to intervene to protect a child.

As such, not all reports of child abuse and neglect made under mandatory reporting laws will lead to immediate action from child protection services. A single report may not meet the threshold for intervention. However, this report grouped with other information on file (or information that may be added at a later date) may meet the threshold and result in action being taken. Reports are assessed but are not looked at in isolation, instead they form a body of information that determines if and how child protection services are legally able to intervene.

Can voluntary reports be made about abuse and neglect, even if not required by the legislation?

Any person is lawfully entitled to make a report if they are concerned for a child's welfare, even if they are not required to do so as a mandatory reporter. Anyone making a voluntary (non-mandated) report is also protected with regard to confidentiality and immunity from legal liability as outlined above.

In addition to the mandatory reporting legislation, certain professional groups (such as psychologists) and government agencies (such as education departments) may have their own occupational reporting protocols outlining the moral, ethical, professional or organisational responsibility to report. The Commonwealth Child Safe Framework also sets minimum standards for creating and maintaining child safe culture and practices in Australian Government entities.

These policy-based reporting duties may be narrower, broader or the same as those officially mandated under legislation. For example, in Queensland, teachers are required to report all forms of suspected significant abuse and neglect under school policy but are only mandated to report sexual abuse and physical abuse under the legislation. It is important to note that organisational-related, policy-based reporting duties exist alongside but do not replace state and territory mandatory reporting legislation, which have primacy.

Mandatory reporting legislation

Commonwealth legislation

The Family Law Act 1975 (Cth) creates a mandatory reporting duty for personnel from the Family Court of Australia, the Federal Circuit Court of Australia, the Family Court of Western Australia and other designated practitioners. This includes the CEO, senior registrars, registrars and deputy registrars, family consultants, family counsellors, family dispute resolution practitioners, arbitrators, and lawyers independently representing children's interests. Section 67ZA(1) and (2) require that when these persons have reasonable grounds for suspecting that a child has been abused, or is at risk of being abused, and this suspicion is developed in the course of performing their duties or functions, or exercising powers, they must, as soon as practicable, notify a prescribed child welfare authority of their suspicion and its basis.

Under section 4, ‘abuse’ is effectively defined as including: (a) assault, including a sexual assault; (b) sexual abuse; (c) serious psychological harm, including but not limited to harm caused by the child being subjected to, or exposed to, family violence; or (d) serious neglect.

State and territory legislation

The following part sets out the various mandatory requirements for all Australian jurisdictions:

Further details and information about mandatory reporting can be obtained from the relevant statutory child protection authority in each jurisdiction. Contact and other details for each state and territory office, and advice about how to undertake a mandatory report, can be found in the CFCA Resource sheet: Reporting Abuse and Neglect: State and Territory Departments Responsible for Protecting Children.

Australian Capital Territory

The Australian Capital Territory’s mandatory reporting laws cover an extensive list of professions, and the details of the reporting requirements are provided in the table below.
Legal provisionsSection 356 of the Children and Young People Act 2008 (ACT)
Who is mandated to report?A person who is: a doctor; a dentist; a nurse; an enrolled nurse; a midwife; a psychologist; a teacher at a school; a person authorised to inspect education programs, materials or other records used for home education of a child or young person under the Education Act 2004; a police officer; a person employed to counsel children or young people at a school; a person caring for a child at a child care centre; a person coordinating or monitoring home-based care for a family day care scheme proprietor; a public servant who, in the course of employment as a public servant, works with, or provides services personally to children and young people or families; the public advocate; the Aboriginal and Torres Strait Islander children and young people commissioner; an official visitor; a minister of religion, religious leader or member of the clergy of a church or religious denomination; a person who, in the course of the person’s employment, has contact with or provides services to children, young people and their families and is prescribed by regulation.
What must be reported?A belief, on reasonable grounds, that a child or young person has experienced or is experiencing sexual abuse or non-accidental physical injury; and the reasons for the belief arise from information obtained by the person during the course of, or because of, the person’s work (whether paid or unpaid)
When the report must be madeAs soon as practicable after forming the belief
Who mandatory reporters must report toThe Director-General
Abuse and neglect types that must be reported
  • Physical abuse (non-accidental physical injury)
  • Sexual abuse
Penalty for not reporting50 penalty units, imprisonment for six months, or both

New South Wales

New South Wales’ mandatory reporting laws cover an extensive list of professions, and the details of the reporting requirements are provided in the table below.
Legal provisionsSections 23 and 27 of the Children and Young Persons (Care and Protection) Act 1998 (NSW)
Who is mandated to report?

A person who, in the course of his or her professional work, or other paid employment, delivers health care, welfare, education, children’s services, residential services or law enforcement, wholly or partly, to children

A person who holds a management position in an organisation, whose duties include direct responsibility for, or direct supervision of, the provision of health care, welfare, education, children’s services, residential services or law enforcement, wholly or partly, to children

A person in a religious ministry, or a person providing religious-based activities to children

A registered psychologist providing a professional service as a psychologist

Note: Children’s services means either or both of the following (subject to the regulations): (a) an education and care service within the meaning of the Children (Education and Care Services) National Law (NSW); (b) a state regulated education and care service within the meaning of the Children (Education and Care Services) Supplementary Provisions Act 2011.

What must be reported?

Reasonable grounds to suspect that a child is at risk of significant harm, and the grounds arise during the course of or from the person’s work or specified role (as a mandated reporter)

Section 23(1) of the Child and Young Persons (Care and Protection) Act 1998 states that a child or young person is at risk of significant harm if current concerns exist for the safety, welfare or wellbeing of the child or young person because of the presence, to a significant extent, of any one or more of the following circumstances:

  • The child’s or young person’s basic physical or psychological needs are not being met or are at risk of not being met.
  • The parents or other caregivers have not arranged and are unable or unwilling to arrange for the child or young person to receive necessary medical care.
  • In the case of a child or young person who is required to attend school in accordance with the Education Act 1990, the parents or other caregivers have not arranged and are unable or unwilling to arrange for the child or young person to receive an education in accordance with that Act.
  • The child or young person has been, or is at risk of being, physically or sexually abused or ill-treated.
  • The child or young person is living in a household where there have been incidents of domestic violence and, consequently, the child or young person is at risk of serious physical or psychological harm.
  • A parent or other caregiver has behaved in such a way towards the child or young person that the child or young person is at risk of suffering serious psychological harm.
  • The child was the subject of pre-natal report under section 25 of the Act and the birth mother did not engage successfully with support services to eliminate, or minimize to the lowest level reasonably practical, the risk factors that gave rise to the report.
When the report must be madeAs soon as practicable
Who mandatory reporters must report toThe Secretary
Abuse and neglect types that must be reported
  • Physical abuse
  • Sexual abuse
  • Emotional/psychological abuse
  • Neglect
  • Exposure to domestic violence
Penalty for not reportingNot specified in the Act

Northern Territory

The Northern Territory’s mandatory reporting laws apply to any person, with additional provisions covering health practitioners. The details of these reporting requirements are provided in the table below.
Legal provisionsSections 15, 16 and 26 of the Care and Protection of Children Act 2007 (NT)Section 26(2) of the Care and Protection of Children Act 2007 (NT)
Who is mandated to report?Any personA health practitioner or someone who performs work of a kind that is prescribed by regulation
What must be reported?

A belief on reasonable grounds that:

  • a child has suffered or is likely to suffer harm or exploitation.
  • a child aged less than 14 years has been or is likely to be a victim of a sexual offence.
  • a child has been or is likely to be a victim of an offence against section 128 of the Criminal Code. This means, a child who is of or over the age of 16 years and under the offender’s special care as mentioned in that section (e.g. the offender is a step-parent or teacher).

Note: Part 1.4 section 13 of the Act defines:

  • harm to child as: any significant detrimental effect caused by any act, omission or circumstance on:
    • the physical, psychological or emotional wellbeing or development of the child.
  • exploitation of child as: including sexual and any other forms of exploitation, including:
    • sexual abuse.
    • involving the child as a participant or spectator in any of the following: an act of a sexual nature; prostitution; pornographic performance.
A belief on reasonable grounds that a child aged 14 or 15 years has been or is likely to be a victim of a sexual offence, and the age difference between the child and offender is greater than 2 years
When the report must be madeAs soon as possible after forming the beliefAs soon as possible after forming the belief
Who mandatory reporters must report toCEO or a police officerCEO or a police officer
Abuse and neglect types that must be reported
  • Physical abuse
  • Sexual abuse or other exploitation of the child
  • Emotional/psychological abuse
  • Neglect
  • Exposure to physical violence
  • Exposure to domestic or family violence
 
Penalty for not reportingMaximum penalty: 200 penalty unitsMaximum penalty: 200 penalty units

Queensland

Queensland has three separate pieces of mandatory reporting legislation, each covering different occupational groups and having their own reporting requirements. The details of these pieces of legislation are provided in the table below.
Legal provisionsPart 1AA, section 13F of the Child Protection Act 1999 (Qld)Part 1AA, section 13E of the Child Protection Act 1999 (Qld)Sections 364, 365, 365A, 366, 366A of the Education (General Provisions) Act 2006 (Qld)
Who is mandated to report?An authorised officer; a public service employee employed in the department; a person employed in a departmental care service or licensed care service; an approved carer; a person employed in an entity mentioned in section 82(1)(f): a carer approved by the chief executiveDoctors; registered nurses; teachers; a police officer who, under a direction given by the commissioner of the police service under the Police Service Administration Act 1990, is responsible for reporting under this section; a person engaged to perform a child advocate function under the Public Guardian Act 2014; early childhood education and care professionals.Staff members of state and non-state schools
What must be reported?A reasonable suspicion that a child in care (a child placed in the care of an entity conducting a departmental care service or a licensee) has suffered, is suffering, or is at unacceptable risk of suffering, significant harm caused by physical or sexual abuseA reasonable suspicion that a child has suffered, is suffering or is at an unacceptable risk of suffering, significant harm caused by physical or sexual abuse; and may not have a parent able and willing to protect the child from the harm

Awareness or reasonable suspicion, formed in the course of the staff member’s employment at the school, that any of the following has been, or is likely to be, sexually abused by another person:

  • a student under 18 years attending the school
  • a kindergarten age child in a kindergarten learning program or a distance education kindergarten learning program at the school
  • a person with a disability who, under section 420(2) is provided with special education at the school; and is not enrolled in the preparatory year at the school
When the report must be madeNot specific in the ActNot specified in the ActImmediately
Who mandatory reporters must report toChief executiveChief executive
  • State school: school’s principal or the principal’s supervisor; or, if the person reporting is the school principal, a police officer.
  • Non-state school: school’s principal or a director of the school’s governing body; or, if the person reporting is the school’s principal, to a police officer.
Abuse and neglect types that must be reported
  • Physical abuse
  • Sexual abuse
  • Physical abuse
  • Sexual abuse
  • Sexual abuse
Penalty for not reportingNot specified in the ActNot specified in the ActMaximum penalty: 20 penalty units

South Australia

South Australia’s mandatory reporting laws cover an extensive list of professions, and the details of the reporting requirements are provided in the table below.
Legal provisionsSections 17, 18, 30 and 31 of the Children and Young People (Safety) Act 2017 (SA)
Who is mandated to report?Prescribed health practitioners, including medical practitioners, pharmacists, registered or enrolled nurses, dentists, psychologists, and any other person prescribed by the regulations for the purposes of this definition; police officers; community corrections officers under the Correctional Services Act 1982; social workers; ministers of religion; employees of, or volunteers in, an organisation formed for religious or spiritual purposes; teachers employed as such in a school (within the meaning of the Education and Early Childhood Services (Registration and Standards) Act 2011) or a preschool or kindergarten; employees of, or volunteers in, an organisation that provides health, welfare, education, sporting or recreational, child care or residential services wholly or partly for children and young people, being a person who – (i) provides such services directly to children and young people; or (ii) holds a management position in the organisation, the duties of which include direct responsibility for, or direct supervision of, the provision of those services to children and young people; any other person of a class prescribed by the regulations for the purposes of this subsection.
What must be reported?

Suspicion on reasonable grounds that a child or young person is, or may be, at risk; and the suspicion was formed in the course of the person's employment

Note: Section 17 states that a child or young person will be taken to be ‘at risk’ if:

  • The child or young person has suffered, or is likely to suffer, harm (being harm of a kind against which a child or young person is ordinarily protected).
  • There is a likelihood that a child or young person will be removed from the state (whether by their parent or guardian or by some other person) for the purpose of – (i) being subjected to a medical or other procedure that would be unlawful if performed in this state (including female genital mutilation (FGM) or (ii) taking part in a marriage ceremony that would be a void marriage, or otherwise invalid marriage, under the Marriage Act of the Commonwealth; or (iii) enabling the child or young person to take part in an activity, or an action to be taken in respect of the child or young person that would, if it occurred in this state, constitute an offence against the Criminal Law Consolidation Act 1935 or Criminal Code of the Commonwealth.
  • The parents or guardians (i) are unable or unwilling to care for the child/young person; (ii) have abandoned the child/young person or cannot after reasonable enquiry be found; (iii) are dead.
  • The child/young person is of compulsory school age but has been persistently absent from school without satisfactory explanation.
  • The child/young person is of no fixed address.
  • Any other circumstances of a kind prescribed by the regulations existing in relation to the child/young person.

Note: Section 17 defines ‘harm’ as: a reference to physical harm or psychological harm (whether caused by an act or omission) and, includes such harm caused by sexual, physical, mental, or emotional abuse or neglect.

When the report must be madeAs soon as is reasonably practicable after forming the suspicion.
Who must mandatory reporters report toTelephone notification to a telephone number determined by the Minister, electronic notification to an electronic reporting system determined by the Minister; to a person of a class, or occupying a position of a class, specified by the Minister by notice in the Gazette; in any other manner set out in regulations for the purposes of this section.
Abuse and neglect types that must be reported
  • Physical abuse
  • Sexual abuse
  • Mental or emotional abuse
  • Neglect
Penalty for not reportingMaximum penalty: $10,000

Tasmania

Tasmania’s mandatory reporting laws cover an extensive list of professions, and the details of the reporting requirements are provided in the table below.
Legal provisionsSections 3, 4 and 14 of the Children, Young Persons and Their Families Act 1997 (Tas)
Who is mandated to report?Medical practitioners; registered or enrolled nurses; persons registered under the Health Practitioner Regulation National Law (Tasmania) in the midwifery, dental (dentists, dental therapist, dental hygienist or oral health therapist) or psychology professions; police officers; probation officers appointed or employed under section 5 of the Corrections Act 1997; principals and teachers in any educational institution including kindergartens; persons who provide child care or a child care service for fee or reward; persons concerned in the management of an approved education and care service, within the meaning of the Education and Care Services National Law (Tasmania) or a child care service licensed under the Child Care Act 2001; a member of the clergy of any church or religious denomination; a member of the parliament of this state; any other person who is employed or engaged as an employee for, of, or in, or who is a volunteer in, a government agency that provides health, welfare, education, child care or residential services wholly or partly for children, and an organisation that receives any funding from the Crown for the provision of such services; and any other person of a class determined by the Minister by notice in the Gazette to be prescribed persons.
What must be reported?

Belief, suspicion, or knowledge on reasonable grounds, formed in carrying out official duties or in the course of his or her work (whether paid or voluntary) that:

  • a child has been or is being ‘abused’ or ‘neglected’ or is an affected child within the meaning of the Family Violence Act 2004 (a child whose safety, psychological wellbeing or interests are affected or likely to be affected by family violence) or
  • there is a reasonable likelihood of a child being killed or abused or neglected by a person with whom the child resides
  • while a woman is pregnant, that there is reasonable likelihood that after the birth of the child: the child will suffer abuse or neglect, or may be killed by a person with whom the child is likely to reside; or that the child will require medical treatment or other intervention as a result of the behaviour of the woman or another person with whom the woman resides or is likely to reside, before the birth of the child.

Note: section 3(1) defines ‘abuse or neglect’ as:

  • sexual abuse or
  • physical or emotional injury or other abuse, or neglect, to the extent that
    • the injured, abused, or neglected person has suffered, or is likely to suffer, physical or psychological harm detrimental to the person’s wellbeing or
    • the injured, abused, or neglected person’s physical or psychological development is in jeopardy.
When the report must be madeAs soon as practicable after he or she forms the belief or suspicion or gains the knowledge
Who mandatory reporters must report toSecretary of Community-Based Intake Service
Abuse and neglect types that must be reported
  • Sexual abuse (any)
  • Physical abuse
  • Emotional/psychological abuse
  • Neglect
  • Exposure to family violence
Penalty for not reportingMaximum penalty: fine not exceeding 20 penalty units

Victoria

Victoria’s mandatory reporting laws cover an extensive list of professions, and the details of the reporting requirements are provided in the table below.
Legal provisionsSections 182(1), 184 and 162(1)(c)–(d) of the Children, Youth and Families Act 2005 (Vic)
Who is mandated to report?Registered medical practitioners, nurses, midwives, a person registered as a teacher or an early childhood teacher under the Education and Training Reform Act 2006 or teachers granted permission to teach under that Act; principals of government or non-government schools within the meaning of the Education and Training Reform Act 2006; police officers, a person in religious ministry, the approved provider or nominated supervisor of or a person with a post-secondary qualification in the care, education or minding of children who is employed or engaged by, a children’s service within the meaning of the Children’s Services Act 1996; the approved provider or nominated supervisor of, or a person with a post-secondary qualification in the care, education or minding of children who is employed or engaged by an education and care service within the meaning of the Education and Care Services National Law (Victoria); a person with a post-secondary qualification in youth, social or welfare work who works in the health, education or community or welfare services field and who is not referred to in section 182(1)(h); a person employed under Part 3 of the Public Administration Act 2004 to perform the duties of a youth and child welfare worker; registered psychologists; youth justice officer, youth parole officer; a member of a prescribed class of persons.
What must be reported?Belief on reasonable grounds, formed in the course of practicing his or her profession or carrying out the duties of his or her office, position or employment as set out in section 182, that a child is in need of protection on a ground referred to in section 162(1)(c) or 162(1)(d). Note: Section 162(1)(c) states that a child is in need of protection if: the child has suffered, or is likely to suffer, significant harm as a result of physical injury and the child’s parents have not protected, or are unlikely to protect, the child from harm of that type. Note: Section 162(1)(d) states that a child is in need of protection if: the child has suffered, or is likely to suffer, significant harm as a result of sexual abuse and the child’s parents have not protected, or are unlikely to protect, the child from harm of that type.
When the report must be madeAs soon as practicable after forming the belief and after each occasion on which he or she becomes aware of any further reasonable grounds for the belief
Who mandatory reporters must report toThe Secretary
Abuse and neglect types that must be reported
  • Physical injury
  • Sexual abuse
Penalty for not reportingMaximum penalty: 10 penalty units

Western Australia

Western Australia has two separate pieces of mandatory reporting legislation, each covering different occupation groups and having their own reporting requirements. The Family Court Act 1997 (WA) legislation refers to reporting obligations that apply when a mandated reporter is performing duties under the Family Court Act 1997 (WA). The details of these pieces of legislation are provided in the table below.
Legal provisionsSections 124A and 124B of the Children and Community Services Act 2004 (WA)Sections 5 and 160 of the Family Court Act 1997 (WA)
Who is mandated to report?

Doctors; nurses and midwives; teachers and boarding supervisors; police officers; and ministers of religion

There is also a staged implementation of additional reporters as follows:       
Assessor appointed under section 125A, 01 Nov 2023; Departmental officer of the Department of Communities, 01 Nov 2023; out-of-home care workers, 01 Nov 2023; school counsellors, 01 May 2024; psychologists, 01 May 2024; early childhood workers, 01 Nov 2023; youth justice workers, 01 May 2025.

The Principal Registrar, a registrar or a deputy registrar; family counsellors; family consultants; family dispute resolution practitioners, arbitrators; and legal practitioners independently representing a child's interests
What must be reported?Belief on reasonable grounds, formed in the course of the person’s work (whether paid or unpaid), that a child has been the subject of sexual abuse that has occurred or is ongoing.Reasonable grounds, formed in the course of performing duties or functions, or exercising powers, for suspecting that a child has been, or is at risk of being abused; ill-treated, or exposed or subjected to behaviour that psychologically harms the child.
When the report must be madeAs soon as practicable after forming the beliefAs soon as practicable
Who mandatory reporters must report toThe CEO or a person approved by the CEO; or a person who is a member of the class of persons approved by the CEOThe CEO
Abuse and neglect types that must be reportedSexual abuse
  • Physical abuse
  • Sexual abuse
  • Neglect
  • Psychological harm including (but not limited to) harm caused by being subjected or exposed to family violence
Penalty for not reportingA fine of $6,000Not specified in the Act

Further reading

Baker, A., Le Blanc, S., Adebayo, T., & Mathews, B. (2021). Training for mandated reporters of child abuse and neglect: Content analysis of state-sponsored curricula. Child Abuse and Neglect, 113, 104932. doi.org/10.1016/j.chiabu.2021.104932

Mathews, B., Bromfield, L., Walsh, K., & Vimpani, G. (2015). Child abuse and neglect: A socio-legal study of mandatory reporting in Australia (Vols 1–9). Melbourne: Government of Victoria.

Mathews, B., & Bross, D. (Eds). (2015). Mandatory reporting laws and the identification of severe child abuse and neglect. Dordrecht: Springer, 1–565.  doi.org/10.1007/978-94-017-9685-9 

Mathews, B. (2012). Exploring the contested role of mandatory reporting laws in the identification of severe child abuse and neglect. In M. Freeman (Ed.), Current legal issues (Vol 14: Law and Childhood Studies) (pp. 302–338). Oxford: Oxford University Press.

Mathews, B., & Kenny, M. (2008). Mandatory reporting legislation in the USA, Canada and Australia: A cross-jurisdictional review of key features, differences and issues. Child Maltreatment, 13, 50–63.

Walsh, K., Eggins, E., Hine, L., Mathews, B., Kenny, M. C., Howard, S. et al. (2022). Child protection training for professionals to improve reporting of child abuse and neglect. Cochrane Database of Systematic Reviews 2022, 7, 1–103. doi.org/10.1002/14651858.CD011775.pub2

References

Australian Law Reform Commission (ALRC). (2010). Family violence: A national legal response. Canberra: ALRC.

Mathews, B. (2014a). Mandatory reporting laws and identification of child abuse and neglect: Consideration of differential maltreatment types, and a cross-jurisdictional analysis of child sexual abuse reports. Social Sciences, 3(3), 460–482.

Mathews, B. (2014b). Mandatory reporting laws for child sexual abuse in Australia: A legislative history. Sydney: Royal Commission into Institutional Responses to Child Sexual Abuse.

Mathews, B. (2019). A taxonomy of duties to report child sexual abuse: Legal developments offer new ways to facilitate disclosure. Child Abuse & Neglect, 88, 337–347.

Mathews, B. (2021). Duties to report child sexual offences: A new era in Australian criminal law. Canberra Law Review, 18(2), 54–81. www.austlii.edu.au/cgi-bin/viewdoc/au/journals/CanLawRw//2021/13.html

Royal Commission into Institutional Responses to Child Sexual Abuse. (2017). Criminal justice report of the Royal Commission into Institutional Responses to Child Sexual Abuse (Vol 7). Canberra: Commonwealth of Australia.

1 There are legal requirements for various professionals to report other child-related conditions to various authorities (i.e. certain diseases, the occurrence of injuries in children attending schools or child care, and incidents of domestic violence related to adult victims). This resource sheet does not relate to those circumstances but is specific to the reporting of child abuse and neglect to government authorities.

Acknowledgements

Authors and acknowledgements

This resource sheet was updated by Kylie Butler, a Research Officer with the Child Family Community Australia information exchange at the Australian Institute of Family Studies and Ben Mathews, Professor in the Queensland University of Technology (QUT) School of Law.

The 2014 version was authored by Ben Mathews, then an Associate Professor at QUT School of Law, and Deborah Scott, then a Research Fellow at the Australian Institute of Family Studies.

Previous editions of this resource sheet have been compiled by Nick Heyes, Joanne Commerford, Deborah Scott, Daryl Higgins, Leah Bromfield, Nick Richardson, Prue Holzer and Claire Berlyn.

Feature image: Bubble catcher, CC BY-SA 2.0.

Share